Nursing Home Neglect: The Sad Truth
According to the U.S. Administration on Aging, over one million elderly Americans are being abused or exploited. The sad truth is that nursing homes pay attention more to the bottom line than to residents' care.
About 6.1 million people live in nursing homes, but unfortunately, the large majority of these nursing homes are understaffed and not well regulated.
A 2002 government study reveled that 90 percent of nursing homes do not have enough staff to care for its residents.
Abuse and neglect of nursing home residents is becoming more and more common. Nursing home residents can suffer from physical or emotional abuse, or simple neglect. Lack of training or staff attention can cause result in serious injuries. Even the smallest change can be an indication of a much more devastating problem.
Numerous federal and state laws were developed to provide nursing home patients protection from abuse and neglect. Additionally, patients have privacy, security and other rights.
Nursing homes that receive federal funds must comply with federal legislation that calls for a high quality of care. Although all states must comply, at a minimum, with the federal regulations, some states have adopted tougher laws.
In response to reports of widespread neglect and abuse in nursing homes in the 1980s, Congress enacted legislation in 1987 to require nursing homes participating in the Medicare and Medicaid programs to comply with certain requirements for quality of care. This law is included in the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987), also known as the Nursing Home Reform Act. It specifies that a nursing home "must provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care..."
To participate in the Medicare and Medicaid programs, nursing homes must be in compliance with the federal requirements for long-term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483).
All nursing home residents have rights protected by the Nursing Home Reform Act and Americans with Disabilities Act. In evaluating health care providers, you should be aware of these rights to monitor care provided in a nursing home.
Unfortunately, not all nursing homes are meeting federal or state requirements. If you believe that you or someone you know has been a victim of nursing home abuse, contact an attorney.